Brief Overview of Section 8

The Renters’ Rights Act 2025 has significantly modified the available grounds, added new ones and adjusted existing provisions.

Unlike the abolished Section 21, Section 8 requires landlords to specify and prove a valid reason for seeking possession.

The grounds are divided into two categories:

1. Mandatory grounds: 
   If proved, the court must grant possession (unless the legal basis for possession is challenged)

2. Discretionary grounds: 
   The court may grant possession if proved and considers it reasonable

The most commonly relied upon Mandatory Grounds are:

If the landlord proves these in court, the judge must order possession:

• Ground 1: The landlord or their close family member needs to move into the property as their main home.
• Ground 1A: The landlord intends to sell the property.
• Ground 2: The mortgage lender is repossessing the property.
• Ground 6: The property requires substantial redevelopment (and the tenant refuses to move out during works).
• Ground 7A: Severe anti-social behaviour or criminal behaviour.
• Ground 7B: The tenant does not have a “Right to Rent” in the UK.
• Ground 8 (Serious Rent Arrears): The tenant owes 3 months (or 13 weeks if paid weekly or fortnightly) of rent, both when the notice is served and at the court hearing.

The most commonly relied upon Discretionary Grounds are:

The court will only grant eviction under these grounds if it considers it reasonable to do so:

• Ground 9: The landlord has offered the tenant suitable alternative accommodation.
• Ground 10: Any rent arrears
• Ground 11: Persistent, repeated delays in paying rent.
• Ground 12: Breach of any term in the tenancy agreement (excluding rent).
• Ground 13: The tenant has allowed the condition of the property to get worse
• Ground 14: Anti-social behaviour by the tenant and/or visitor of the tenant
• Ground 17: The tenant provided false information on their tenancy application.

Different notice periods apply, depending upon which ground you are relying upon.